If you have suffered a serious injury in an accident, you may be entitled to compensation for your damages. This includes medical bills, lost wages and other losses.
An Arkansas personal injury lawyer can help you pursue your claim. They will conduct a thorough investigation, analyze the law, and help you prepare for trial or settlement.
Investigation
The investigation process is critical in any personal injury case. The best investigations happen as soon as possible after an accident occurs to avoid the statute of limitations and allow the legal professional to gather and preserve the evidence needed for the case.
This means gathering and reviewing medical records, bills, and photos or videos of the accident scene. It also means interviewing any witnesses who might have seen what happened and asking them questions that help to strengthen the claim.
An attorney will use all of this information to build a solid case and fight for the compensation you deserve. This investigation can be complex, but with the right team on your side you can rest assured that your case will move forward in the best way possible.
Liability Analysis
Once your personal injury attorney has gathered enough evidence, they perform a thorough liability analysis. This often involves extensive research and includes reviewing case laws, statutes, common law, and legal precedents.
The analysis may include medical records, police reports, and witness statements. It also includes obtaining CCTV footage and collecting any other evidence that can help prove your claim in court.
In most cases, liability is determined based on negligence. Negligence is the failure to act with the care that a reasonable person of ordinary prudence would have acted under the same circumstances.
Damages are typically classified as special and general, with special damages ranging from measurable costs to property damage and lost earnings, while general damages are less measurable. In torts, claims for special damages usually arise under negligence, while general damages may be brought under defective products or premises liability.
Preparing for a Settlement or Trial
A personal injury attorney must be able to successfully negotiate with the insurance company. They also must be empathetic and understanding of the long-term losses that clients have suffered from an accident.
A settlement can be a great solution for many cases because it usually means getting compensated faster than if the case goes to trial. However, not all personal injury claims can be settled.
Those that can’t be settled generally include cases that are too complex or have issues that need to be resolved during the discovery process.
The settlement negotiations begin with your personal injury attorney sending a demand letter to the defendant’s insurance company or defense attorney. This letter outlines the damages you are demanding.
The defense attorney or the insurance company responds to the letter with a counteroffer, which can either be accepted or rejected. Negotiations continue until a settlement is reached.
Meeting with the Defendant
When you meet with your personal injury attorney, the first thing they’ll want to discuss is the facts of your case. They’ll need to know the basics, including how you were injured and what your long-term health condition may be like.
They also need to understand the details of your case, such as the names and contact information of all parties involved. A savvy personal injury attorney knows that the right questions can uncover information that will be critical for obtaining a fair settlement or jury verdict.
One of the best ways to get a leg up on the competition is by hiring a reputable personal injury attorney as soon as possible. This allows them to build a strong case and get the best possible results for you. It’s also the smartest way to avoid any costly missteps in your case. The wrong attorney can make a major difference in the outcome of your claim.
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